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SMITH v. STATE

No. 1436, September Term, 1986.

72 Md. App. 450 (1987)

531 A.2d 302

KENNETH BARRY SMITH v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

October 6, 1987.

Attorney(s) appearing for the Case

Mark Colvin, Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellant.

Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Warren B. Duckett, Jr., State's Atty. for Anne Arundel County of Annapolis, on the brief), for appellee.

Argued before GILBERT, C.J., and MOYLAN, WILNER, WEANT, BISHOP, GARRITY, ALPERT, BLOOM, ROSALYN B. BELL, KARWACKI, ROBERT M. BELL, WENNER and POLLITT, JJ.

ROBERT M. BELL, Judge.

It may be that it is the obnoxious thing in its mildest and least repulsive form; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure.

Boyd v. United States, 116 U.S. 616, 635, 6 S.Ct. 524, 535, 29 L.Ed. 746 (1886). With this admonition guiding our path, we proceed to consider the...

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